(A) Any condition in violation of the prohibitions of this article shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to state law. The County Administrative Officer or the Board of Supervisors shall have the authority to summarily abate a public nuisance, when allowed by law, without notice to the owner or persons known to be in possession of the parcel. The expenses of such abatement shall be assessed against the property as set forth in Chapter 1.03 of the San Benito County Code.
(B) Additionally, the county may, upon order of the Board of Supervisors, bring civil suit or administrative action to enjoin or abate the nuisance. In a civil proceeding brought to abate a nuisance or to obtain injunctive relief under this article, or in a civil action to recover costs resulting from a summary abatement, any person who creates, causes, commits, permits, or maintains a public nuisance in violation of this article shall be liable for the costs of abatement, including but not limited to the following: (1) costs of investigation; (2) costs of labor and parts to repair any affected water system or premises, to bring such water system or premises into compliance with this article, or to install facilities necessary to assure compliance with this article; (3) court costs; (4) costs of monitoring compliance; and (5) attorneys’ fees and costs, including the fees and costs of experts employed by the county’s attorney if, at the initiation of the action or proceeding, the county elects to seek to recover its attorneys’ fees pursuant to Cal. Gov’t Code § 25845(c). Recovery of costs shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to Cal. Code of Civil Procedure §§ 1032 and 1033.5 or any other provision of law. In no abatement matter shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the county. Alternatively, the county may, at its option, institute nuisance abatement proceedings by following the code enforcement procedures set forth in the San Benito Code.
(C) Nuisance lien. All costs shall become a lien against the property from which the nuisance emanated and a personal obligation against the owner thereof in accordance with all applicable local and state laws. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by the Government Code.
(D) At the direction of the Board of Supervisors, County Counsel is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accordance with the conditions and requirements of state law.
(Ord. 927, § 2 (part), 2014)